Regular Board Meeting – October 27, 2011 - Corporate Vote – Unweighted

Recommendation: That the minutes of the regular board meeting held October 27, 2011 be adopted as circulated.

Criminal Record Check Policy

Recommendation: That the Regional District of Kootenay Boundary Board of Directors adopt the Criminal Record Check Policy as follows:

POLICY
The Regional District of Kootenay Boundary (the “Regional District of Kootenay Boundary”) requires Criminal Record Checks for all prospective candidates applying for positions designated as Sensitive Positions by the Regional District of Kootenay Boundary.

PURPOSE
Criminal Record Checks on candidates applying for Sensitive Positions with the Regional District of Kootenay Boundary demonstrate due diligence in protecting the interests of the Regional District of Kootenay Boundary and its residents. Criminal history disclosed by a Criminal Record Check, or failure to provide a Criminal Record Check, may render a candidate ineligible for employment with the Regional District of Kootenay Boundary in a Sensitive Position.

1. DEFINITIONS

In this Policy:

(a) Criminal Record Check means a Certified Criminal Record Check obtained from the Royal Canadian Mounted Police (“RCMP”) pursuant to the application procedures established by the RCMP, as may be amended from time to time;

(b) Pardon means an official document issued by the National Parole Board indicating a person with a criminal record is forgiven and that their record has been sealed, meaning that the person receiving the Pardon is not required to declare their previous criminal record;

(c) Sensitive Position means:

       (i) a position with an ongoing or significant relationship with Vulnerable Persons, where the nature of the   position places the worker in a position of trust or care, or where the worker may have unsupervised access to Vulnerable Persons in the ordinary course of carrying out the duties of the position;
      (ii) a position with significant duties involving the handling, investing, and/or protection of materials assets belonging to the Regional District of Kootenay Boundary, including but not limited to money;
      (iii) a position with significant duties related to regulatory, emergency response and/or inspectional work to safeguard public health and safety and/or ensure bylaw compliance, which may include responsibilities to interface with the public, enter onto private property and/or generate revenue collection for the Regional District of Kootenay Boundary; and
      (vi) such other positions reasonably designated as a Sensitive Position based on additional written criteria which is deemed appropriate by the Manager responsible for Human Resources from time to time and appended to this policy as a schedule.

(d) Vulnerable Person means:

      (i) a child, namely an individual under 19 years of age;
      (ii) an individual 19 years or older who receives or may need community care services because of a disability, age or illness, or who is or may be unable to take care of themselves or protect themselves against significant harm or exploitation; a vulnerable adult is a person who, for whatever reason, is at greater than normal risk of abuse; examples of vulnerable adults may include older people, especially those who are unwell, frail, confused and unable either to stand up for themselves or keep track of their affairs and people who are open to abuse because of learning difficulties, physical disabilities or mental illness; and
Reports Con’t
      (iii) such other persons reasonably designated as vulnerable based on additional written criteria which is deemed appropriate by the Manager responsible for Human Resources (as designated from time to time by the Chief Administrative Officer) and appended to this policy as a schedule.

2. POLICY GUIDELINES

2.1 The Criminal Records Review Act, R.S.B.C. 1996, c. 86 (the “CRRA”) does not impose a general duty on municipalities, including regional districts, to ensure that every individual who is hired for employment involving work with children or work with vulnerable adults undergoes a criminal record check in accordance with the CRRA. Nevertheless, it is prudent for the Regional District of Kootenay Boundary to implement a Criminal Record Check Policy to protect the interests of the Regional District of Kootenay Boundary and its residents.

2.2 This policy applies to all prospective candidates, including internal candidates, for each permanent, temporary full-time or part-time position deemed to be a Sensitive Position by the Regional District of Kootenay Boundary, regardless of whether the position is a paid position or a volunteer, student, intern or otherwise unpaid position.

2.3 A Criminal Record Check is satisfactory, and permits a prospective candidate to be considered for a Sensitive Position if:
      (i) the Criminal Record Check is negative (i.e. indicates no prior convictions and/or existing charges);
      (ii) the Criminal Record Check consists only of one or more Pardons;
      (iii) the Criminal Record Check is positive, but where the Manager responsible for Human Resources (in consultation with others pursuant to clause 4.4 below) determines that any existing convictions and/or charges are unrelated to the proper performance of the duties of the Sensitive Position.

2.4 A prospective candidate for a Sensitive Position who refuses or neglects to provide a Criminal Record Check as required under this policy is ineligible for the Sensitive Position.

2.5 The Regional District of Kootenay Boundary will not refuse a Sensitive Position to an individual because he or she has been charged with or convicted of an offence that is unrelated to the proper performance of the duties of the Sensitive Position.

3. PROCEDURES

Prospective candidates

3.1 Department Managers will determine whether a Criminal Record Check is required for each vacant position in their department against the definition of “Sensitive Position” set out above, including any additional written criteria appended to this policy as a schedule.

3.2 Department Managers will advise the Manager responsible for Human Resources of any vacant position which in their determination requires a Criminal Record Check.

3.3 The Manager responsible for Human Resources will confirm if the positions identified by Department Managers require a Criminal Record Check.

3.4 In the event a Department Manager and the Manager responsible for Human Resources disagree on whether a vacant position requires a Criminal Record Check, final determination will be made by the Chief Administrative Officer.

3.5 Human Resources will post Sensitive Positions as requiring a Criminal Record Check.

3.6 Candidates interviewed for Sensitive Positions will be advised in the interview that the successful candidate will receive a confirmation of employment only after presenting a satisfactory Criminal Record Check directly to Human Resources. Any costs incurred in obtaining the criminal record check shall be reimbursed by the Regional District of Kootenay Boundary.

3.7 If the successful candidate, on receiving the Criminal Record Check, chooses to withdraw their application, they may do so without prejudice.

3.8 A positive Criminal Record Check will be immediately referred to the Manager responsible for Human Resources for consideration (see clause 4.4 below).

3.9 Should a prospective candidate with a positive Criminal Record Check be the successful candidate for a vacant position, the Criminal Record Check will be sealed in the successful candidate’s personnel file.
Successful candidates.

3.10 A successful candidate for a paid or unpaid position which is deemed to be a Sensitive Position and requires a Criminal Record Check, during the entire term of work with the Regional District of Kootenay Boundary, shall immediately notify Human Resources when the employee is convicted of an offence under the Criminal Code, R.S.C. 1985, c. C-46 (the “Criminal Code”). Human Resources and other appropriate Regional District of Kootenay Boundary staff will review the conviction to determine what action, if any, ought to be taken in light of the worker’s paid or unpaid position and the nature of the criminal conviction.

3.11 A successful candidate for a paid or unpaid position which is deemed to be a Sensitive Position and requires a Criminal Record Check, during the entire term of work with the Regional District of Kootenay Boundary, shall immediately notify Human Resources when charged with an offence under the Criminal Code, where the nature of the offence is such as to be potentially harmful or detrimental to the Regional District of Kootenay Boundary’s reputation or capacity to deliver services to the public, will render the employee unable to properly perform some or all of their duties, may have a harmful effect on other employees of the Regional District of Kootenay Boundary, or for any other reason consistent with the purpose of designating the paid or unpaid position as a Sensitive Position.

3.12 Without restricting the generality of the foregoing, a worker must report a criminal charge under clause

3.11 when charged with the following offences:

     (i) any violent sexual offence under the Criminal Code;
     (ii) any offence under the Criminal Code involving children under 19 years of age;
     (iii) violent or predatory crimes involving a Vulnerable Person, including but not limited to threats, stalking, assault, and the use, possession or distribution of a weapon;
     (iv) any offence involving the making, possession or distribution of child pornography;
     (v) theft (over $100) or fraud; and
     (vi) motor vehicle and/or driving offences.

3.13. All additional information pertaining to criminal convictions and/or charges shall be retained in the manner outlined in clause 3.9 above.

4. RESPONSIBILITIES

4.1 In the event that a Department Manager and the Manager responsible for Human Resources disagree on a Sensitive Position designation, it is the responsibility of the Chief Administrative Officer to determine whether or not a position should be designated as a Sensitive Position, using the criteria set out in this policy, including any additional written criteria appended to this policy as a schedule.

4.2 It is the responsibility of the Human Resources Department to maintain a list of Sensitive Positions, insert notification on postings, and advise candidates in the interview process if a Criminal Records Check is required.

4.3 It is the responsibility of the Manager responsible for Human Resources to ensure Criminal Record Checks are produced and are satisfactory prior to filling a vacant position and before the start date.

4.4 It is the responsibility of the Manager responsible for Human Resources to determine the impact of a positive Criminal Record Check on an individual’s candidacy for a Sensitive Position in accordance with this policy. In fulfilling this responsibility, the Manager responsible for Human Resources may consult Departments Managers, the Chief Administrative Officer, and other appropriate Regional District of Kootenay Boundary staff on a need-to-know basis and otherwise as reasonably necessary.

4.5 It is the responsibility of prospective candidates in Sensitive Positions to comply with their obligations under this policy, including but not limited to obtaining, at their own cost, a Criminal Record Check to support their prospective candidacy for a Sensitive Position.

Recommendation: That the Regional District of Kootenay Boundary Board of Directors approves undertaking an independent review for the Chair’s Remuneration.
 

East End Stakeholders Committee - Corporate Vote – Unweighted

Recommendation: That the draft minutes of the East End Stakeholders Committee meeting held November 15, 2011 be received.

Recommendation: That the Regional District of Kootenay Boundary Board of Directors approves the 2012 – 2014 Fire Hydrant Agreements with the Villages of Montrose and Fruitvale, Cities of Rossland and Trail, the Genelle Improvement District and the Beaver Falls Waterworks District AND FURTHER that the Regional District of Kootenay Boundary’s signatories be authorized to enter into the agreements and forward them to the respective participants for endorsement.
 

First, Second & Third Readings

Regional District of Kootenay Boundary Bylaw No. 1481
(Trail Regional Airport Fees & Charges)

Adoption

Regional District of Kootenay Boundary Bylaw No. 1481
 

Grants-in-Aid
Electoral Area Directors Only

• Beaverdell Community Club – Area ‘E’ - $750
• Christina Lake Stewardship Society – Area ‘C’ - $1,400
• Canadian Red Cross – Area ‘D’ - $3,752
• Other